AUSTIN, Texas_U.S. District Judge Sam Sparks dismissed a lawsuit Friday against the city of Austin filed by teacher Breaion King concerning her controversial June 2015 arrest, saying her allegations lacked specificity but that her attorneys could file a new suit with those additions.
King's attorney, Erica Grigg, said she would immediately do so. "We plan to amend our complaint to address his concerns," she said.
Spark's decision to grant the city's motion to dismiss does not effect the suit against officer Bryan Richter, who is accused of using excessive force on King.
"The entire basis (of the lawsuit) against the city of Austin consists of eight specific editorial opinions and general allegations without any specific allegation or allegations which would establish any cause of action," Sparks wrote.
King and her attorneys contended in their lawsuit that the city poorly trains officers in how to defuse situations, including the one involving the 26-year-old elementary teacher.
King initially got out of her car when Richter stopped her for speeding, and he ordered her back inside. Richter then instructed King to put her legs and feet back in the car and to close the door.
"Less than 10 seconds elapsed between Officer Richter's first request for Plaintiff to put her legs in the car and his decision to rip her out of the vehicle forcefully," the suit said. "Less than one minute elapsed between Officer Richter's first words to (King) and his decision to use force."
Richter is seen on video throwing King to the ground twice as she yelled, "Oh my God, why are you doing this to me?"
The incident was captured on Richter's patrol car camera and obtained by The Austin American-Statesman in July. The video outraged many in the community.
The Statesman reported this week that the city is aggressively fighting the suit, despite previous statements by city leaders that they were shocked about what happened in the video.
